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S8104 - Details

S8104 - Summary

Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to a station cleaner or terminal cleaner employed by a mass transit company, while such cleaner is engaged in such employment.

S8104 - Sponsor Memo

BILL NUMBER: S8104
TITLE OF BILL :
An act to amend the penal law, in relation to assaults upon station
cleaners and terminal cleaners
PURPOSE :
An act to amend Chapter 377 of the Laws of 2012 relating to assaults
against certain employees of the Metropolitan Transportation
Authority. The intentional causing of physical injury to a station
cleaner or terminal cleaner would be classified as a D felony.
SUMMARY OF PROVISIONS :
New Bill. See Similar bill S. 4550. Section 1 amends § 120.5(11) of
the Penal Code by adding the title station cleaner and terminal
cleaner to the group of workers that are afforded protections.
Section 2 outlines effective date as being the first of November next
succeeding the date on which it shall have become a law.
JUSTIFICATION :
Each year, transit authorities throughout New York State transport

passengers safely to their destinations. Unfortunately, there are an
overwhelming number of transit workers who are assaulted while on the
job. In 2002, Chapter 598 of the Laws of 2002 was enacted to deter
assaults and protect employees from harm while performing their
duties. This bill adds the titles station cleaner and terminal cleaner
to the list of covered titles of transit workers pursuant to Chapter
259 of the Laws of 2013.
Station cleaners and terminal cleaners have been increasingly targeted
by criminals. Working night shifts in empty stations and terminals,
these workers are prime targets for violent crimes. News reports have
documented gang attacks on station and terminal cleaners. Attacks on
these workers would be considered an assault in the second degree
which counts as a class D felony.
LEGISLATIVE HISTORY :
2013-14: S.3186A - Reported to Codes
2011-12: S.1154 - Reported to Codes
2009-10: S.3764/A.5307 - Passed Senate, Died in Codes
2007-08: S.2373/A.4567- Passed Senate, Reported out of Codes, Died in
Rules 2005-06: S3712/A.6885 - Passed Senate, Died in Assembly Codes
Committee
FISCAL IMPLICATIONS :
None.
EFFECTIVE DATE :
This bill will take effect on the first of November next succeeding
the date on which it shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
8104
I N S E N A T E
June 13, 2016
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to assaults upon station
cleaners and terminal cleaners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 120.05 of the penal law, as
amended by chapter 487 of the laws of 2015, is amended to read as
follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator [or], station agent,
STATION CLEANER OR TERMINAL CLEANER employed by any transit agency,
authority or company, public or private, whose operation is authorized
by New York state or any of its political subdivisions, a city marshal,
a school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, a traffic enforcement officer,
traffic enforcement agent, subdivision thirty-one of section 1.20 of the
criminal procedure law, sanitation enforcement agent, New York city
sanitation worker, registered nurse, licensed practical nurse, emergency
medical service paramedic, or emergency medical service technician, he
or she causes physical injury to such train operator, ticket inspector,
conductor, signalperson, bus operator [or], station agent, STATION
CLEANER OR TERMINAL CLEANER, city marshal, school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, traffic enforcement officer, traffic enforcement agent, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal procedure law, registered nurse, licensed practical nurse,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical service technician,
while such employee is performing an assigned duty on, or directly
related to, the operation of a train or bus, INCLUDING THE CLEANING OF A
TRAIN OR BUS STATION OR TERMINAL, or such city marshal, school crossing
guard, traffic enforcement officer, traffic enforcement agent, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD10192-08-6
S. 8104 2
procedure law, registered nurse, licensed practical nurse, sanitation
enforcement agent, New York city sanitation worker, emergency medical
service paramedic, or emergency medical service technician is performing
an assigned duty.
S 2. Subdivision 11 of section 120.05 of the penal law, as separately
amended by chapters 472 and 487 of the laws of 2015, is amended to read
as follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator [or], station agent,
STATION CLEANER OR TERMINAL CLEANER employed by any transit agency,
authority or company, public or private, whose operation is authorized
by New York state or any of its political subdivisions, a city marshal,
a school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, a traffic enforcement officer,
traffic enforcement agent, prosecutor as defined in subdivision thirty-
one of section 1.20 of the criminal procedure law, sanitation enforce-
ment agent, New York city sanitation worker, public health sanitarian,
New York city public health sanitarian, registered nurse, licensed prac-
tical nurse, emergency medical service paramedic, or emergency medical
service technician, he or she causes physical injury to such train
operator, ticket inspector, conductor, signalperson, bus operator [or],
station agent, STATION CLEANER OR TERMINAL CLEANER, city marshal, school
crossing guard appointed pursuant to section two hundred eight-a of the
general municipal law, traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of section 1.20
of the criminal procedure law, registered nurse, licensed practical
nurse, public health sanitarian, New York city public health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical service technician,
while such employee is performing an assigned duty on, or directly
related to, the operation of a train or bus, INCLUDING THE CLEANING OF A
TRAIN OR BUS STATION OR TERMINAL, or such city marshal, school crossing
guard, traffic enforcement officer, traffic enforcement agent, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, emergency medical service
paramedic, or emergency medical service technician is performing an
assigned duty.
S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law; provided, however,
if chapter 472 of the laws of 2015 shall not have taken effect on or
before such date then section two of this act shall take effect on the
same date and in the same manner as such chapter of the laws of 2015,
takes effect.

S8104A (ACTIVE) - Details

S8104A (ACTIVE) - Summary

Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to a station cleaner or terminal cleaner employed by a mass transit company, while such cleaner is engaged in such employment.

S8104A (ACTIVE) - Sponsor Memo

BILL NUMBER: S8104A
TITLE OF BILL : An act to amend the penal law, in relation to
assaults upon station cleaners and terminal cleaners
PURPOSE :
An act to amend Chapter 377 of the Laws of 2012 relating to assaults
against certain employees of the Metropolitan Transportation
Authority. The intentional causing of physical injury to a station
cleaner or terminal cleaner would be classified as a D felony.
SUMMARY OF PROVISIONS :
New Bill. See Similar bill S. 4550. Section 1 amends § 120.5(11) of
the Penal Code by adding the title station cleaner and terminal
cleaner to the group of workers that are afforded protections.
Section 2 outlines effective date as being the first of November next
succeeding the date on which it shall have become a law.
JUSTIFICATION :
Each year, transit authorities throughout New York State transport
passengers safely to their destinations. Unfortunately, there are an
overwhelming number of transit workers who are assaulted while on the

job. In 2002, Chapter 598 of the Laws of 2002 was enacted to deter
assaults and protect employees from harm while performing their
duties. This bill adds the titles station cleaner and terminal cleaner
to the list of covered titles of transit workers pursuant to Chapter
259 of the Laws of 2013.
Station cleaners and terminal cleaners have been increasingly targeted
by criminals. Working night shifts in empty stations and terminals,
these workers are prime targets for violent crimes. News reports have
documented gang attacks on station and terminal cleaners. Attacks on
these workers would be considered an assault in the second degree
which counts as a class D felony.
LEGISLATIVE HISTORY :
2013-14: S.3186A - Reported to Codes
2011-12: S.1154 - Reported to Codes
2009-10: S.3764/A.5307 - Passed Senate, Died in Codes
2007-08: S.2373/A.4567- Passed Senate, Reported out of Codes, Died in
Rules
2005-06: S3712/A.6885 - Passed Senate, Died in Assembly Codes
Committee
FISCAL IMPLICATIONS :
None.
EFFECTIVE DATE :
This bill will take effect on the first of November next succeeding
the date on which it shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
8104--A
I N S E N A T E
June 13, 2016
___________
Introduced by Sens. PARKER, COMRIE, ESPAILLAT, GOLDEN, HAMILTON -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to assaults upon station
cleaners and terminal cleaners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 120.05 of the penal law, as
amended by chapter 487 of the laws of 2015, is amended to read as
follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator [or], station agent,
STATION CLEANER OR TERMINAL CLEANER employed by any transit agency,
authority or company, public or private, whose operation is authorized
by New York state or any of its political subdivisions, a city marshal,
a school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, a traffic enforcement officer,
traffic enforcement agent, prosecutor as defined in subdivision thirty-
one of section 1.20 of the criminal procedure law, sanitation enforce-
ment agent, New York city sanitation worker, registered nurse, licensed
practical nurse, emergency medical service paramedic, or emergency
medical service technician, he or she causes physical injury to such
train operator, ticket inspector, conductor, signalperson, bus operator
[or], station agent, STATION CLEANER OR TERMINAL CLEANER, city marshal,
school crossing guard appointed pursuant to section two hundred eight-a
of the general municipal law, traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city sanitation
worker, emergency medical service paramedic, or emergency medical
service technician, while such employee is performing an assigned duty
on, or directly related to, the operation of a train or bus, INCLUDING
THE CLEANING OF A TRAIN OR BUS STATION OR TERMINAL, or such city
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD10192-09-6
S. 8104--A 2
marshal, school crossing guard, traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city sanitation
worker, emergency medical service paramedic, or emergency medical
service technician is performing an assigned duty.
S 2. Subdivision 11 of section 120.05 of the penal law, as separately
amended by chapters 472 and 487 of the laws of 2015, is amended to read
as follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator [or], station agent,
STATION CLEANER OR TERMINAL CLEANER employed by any transit agency,
authority or company, public or private, whose operation is authorized
by New York state or any of its political subdivisions, a city marshal,
a school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, a traffic enforcement officer,
traffic enforcement agent, prosecutor as defined in subdivision thirty-
one of section 1.20 of the criminal procedure law, sanitation enforce-
ment agent, New York city sanitation worker, public health sanitarian,
New York city public health sanitarian, registered nurse, licensed prac-
tical nurse, emergency medical service paramedic, or emergency medical
service technician, he or she causes physical injury to such train
operator, ticket inspector, conductor, signalperson, bus operator [or],
station agent, STATION CLEANER OR TERMINAL CLEANER, city marshal, school
crossing guard appointed pursuant to section two hundred eight-a of the
general municipal law, traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of section 1.20
of the criminal procedure law, registered nurse, licensed practical
nurse, public health sanitarian, New York city public health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical service technician,
while such employee is performing an assigned duty on, or directly
related to, the operation of a train or bus, INCLUDING THE CLEANING OF A
TRAIN OR BUS STATION OR TERMINAL, or such city marshal, school crossing
guard, traffic enforcement officer, traffic enforcement agent, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, emergency medical service
paramedic, or emergency medical service technician is performing an
assigned duty.
S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law; provided, however,
if chapter 472 of the laws of 2015 shall not have taken effect on or
before such date then section two of this act shall take effect on the
same date and in the same manner as such chapter of the laws of 2015,
takes effect.

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